Cooper v. Clute

Supreme Court of North Carolina93 S.E. 915 (1917)

Facts

The defendant agreed to deliver 1,430 bales of cotton to the plaintiff on February 26, 1916, at the purchase price of 10 7/8 cents per pound. The defendant failed to deliver the cotton, and instead sold the cotton to another purchaser at 11.03 cents per pound. The market value of the cotton at the time and place of the defendant’s breach was 10 7/8 cents per pound. The plaintiff sued for breach of contract. The lower court ruled in favor of the defendant. The plaintiff appealed, arguing that it was entitled to the difference between the contract price of 10 7/8 cents per pound and the 11.03 cents per pound the defendant received from its sale to the other purchaser.

Rule of Law

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Issue

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Holding and Reasoning (Brown, J.)

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A "yes" or "no" answer to the question framed in the issue section;

A summary of the majority or plurality opinion, using the CREAC method; and

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